IN THE SUPREME COURT OF THE STATE OF HAWAI`I





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GARY VICTOR DUBIN, Plaintiff-Appellant, v. WYNN WAKUZAWA;

THE QUEEN'S MEDICAL CENTER, a Hawaii nonprofit corporation doing business as QUEEN'S EMERGENCY DEPARTMENT and QUEEN'S HEALTH SERVICES; QUEEN'S EMERGENCY DEPARTMENT; QUEEN'S HEALTH SERVICES, Defendants-Appellees, and JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE ENTITIES 1-20; and DOE GOVERNMENTAL UNITS 1-20, Defendants





NO. 20585





MOTION FOR RECONSIDERATION

AND ORDER 0F AMENDMENT



(CIV. NO. 96-5124)





JANUARY 12, 1999





MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ.





The plaintiff-appellant Gary V. Dubin's motion for reconsideration in the above-captioned matter, filed on December 11, 1998, is hereby granted in part. The opinion of the court, filed on December 1, 1998, is amended as follows (bracketed language is deleted and boldfaced language is added:

1. Page 2 (first paragraph of section I):

The issues in controversy arise from circumstances relating to Dubin's bench trial for [income tax evasion] wilfully failing to file income tax returns in the United

States District Court for the District of Hawai`i. On August 13, 1994, Dubin was charged with three counts of wilfully failing to file federal income tax returns for the tax years 1986, 1987, and 1988, in violation of 26 U.S.C. § [7206] 7203. Each count was a federal misdemeanor, punishable by up to one year in prison and a substantial fine. Dubin's trial was scheduled to commence on September 13, 1994.

2. Page 15 footnote 6:

6. As noted in the commentary to HRE Rule 504, federal law does not recognize the physician-patient privilege. Accordingly, Dubin was precluded from asserting it as a means of foreclosing Dr. Wakuzawa from testifying in the federal district court proceedings [in which he was convicted of criminal tax evasion].

Dubin's motion is denied in all other respects.

The clerk of the Court is directed to incorporate the foregoing changes into the original opinion.





Gary Victor Dubin,

plaintiff-appellant

pro se on the motion